The Function of Form: Legality and Authority in International Law
16 Pages Posted: 1 Dec 2019
Date Written: November 15, 2019
The authority of international law is often explored through the lens of legitimacy, which takes a perspective external to law and addresses the manner in which claims to the authority of law are received. This paper proposes to consider the contribution of validity - taking a perspective internal to law - to law's authority. I consider arguments regarding the form of law by three very different scholars: Friedrich Hayek, Franz Neumann, and Lon L. Fuller in exploring ways in which the form of law may contribute to its authority.
Keywords: International law; authority; formalism
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